On February 17, 2025, the Board of Zoning Adjustments ruled that the Comprehensive Zoning Ordinance (CZO) does not require hotels and motels to provide a 24/7 attendant. On the motion of Commissioner Todd James, the board voted unanimously to overrule the decision of the Director of the Department of Safety & Permits. Commissioner James’ motion specifically noted that the plain definition of “customary lodging service” in the CZO should be the operative definition the City employs.

           The decision came after months, even years, of tension between property owners and the Department of Safety & Permits. Hotels and Motels are required by the CZO to provide “customary lodging services.” In 2018, that phrase had no definition in the CZO, so the then-director of the department issued an interpretive memorandum, stating that a hotel's lobby must be “supervised by a person in charge at all hours.” Since the issuance of that interpretive memo, the City has required hotels to employ a 24/7 lobby attendant. That requirement posed a significant burden on hotel operators, especially boutique hotel operators.

           In 2019, the City Planning Commission proposed, and the City Council adopted an ordinance amending the CZO to specifically define customary lodging services as “1) dedicated lobby space to adequately enable check-in/check-out procedures, and 2) personnel/staffing to assist guests at check-in/check-out.” However, even following this amendment, the Department of Safety and Permits had steadfastly pointed to the interpretive memorandum as authority for enforcing the 24/7 lobby attendant requirement.

           Monday’s BZA decision will have an immediate impact on the transient lodging industry, but observers do not expect the status quo to last. Please contact Graham Williams at graham@snw.law if you would like to discuss the ramifications of Monday’s ruling.